With the outbreak of Corona Pandemic and announcement of nationwide lockdown in the country on 23rd March 2020, the initial lockdown was from 23rd March 2020 to 14th April 2020 later seeing the conditions it was extended to 3rd May 2020 and further more extended. This all circumstances lead to the situation for the courts to find out the alternatives in this pandemic situation prevailed in the country. The Hon’ble Court took some decisions such as continuing the proceeding via video conferencing hearing of only urgent matters cancelation of summer vacation this was the transformation period for our judicial system which was running with the same old process was much transformed. As per the report presented 116 benches of Supreme Court heard 835 matters during the 1st Lockdown of 21 days. Also the State of Uttar Pradesh became the first state of India were all the court proceeding was done online not only High Courts of Allahabad and Lucknow bench but also the District and Sessions Court are Online, even the fees by the Advocates of State was preferred to be taken online. Also the Hon’ble Supreme Court of India took Suo Motu Cognizance to matter and the challenges being faced out by the legal practitioners. In order to up-come from these difficulties the Supreme Court used its plenary power under Article 142 of the Constitution and it extended the limitation period till any further notice issued.
The Intellectual Property Office and Hon’ble High Court of Delhi have issued several guidelines which would be affecting the IP proceeding in the country.
The Delhi High Court issued an order were it fully understood the difficulties of the litigants and issued the order of online hearing also for convenience the Court ordered to increase the number of benches which would be hearing the matter.
The summer break of the court was also cancelled and the person who is designated Registrar (Council by record) the urgent matters would be heard before him.
HEARINGS BEFORE THE IP OFFICES
A circular being issued by the Controller General of Patents, Designs & Trade Marks which speaks as that no registered office in the country would be opened (Physically) for the common public to visit and file the case or complain. The “Work from Home” shall be promoted and all the matters will be filled online i.e., E- Filling through http://www.ipindia.nic.in/ also because the Supreme Court waived away the limitation period amid this pandemic so there would be no penalty on the late filling of the case or renewal of Trademark or others. The period of limitation shall remain suspended from 23rd March to 4th April till any further notice being issued by the court.
The limitation period to file any important pleadings, appeals, or application, will be suspended from March 23rd to April 4th. The High Court of Delhi and all other courts subordinate to it have been ordered to be “closed” from the point of view of Section 4 of the Limitation Act 1963.
So, if any expiry period happens between 23rd April to March 4th would not be liable for any kind of penalty the party would not be in any kind of default as because of the pandemic and the order issued by the Supreme Court to remain suspended till any further notice issued. Those parties may proceed with their work after this short time break. But the filling of urgent matters was continued.
HEARING OF URGENT MATTERS
The High Court of Delhi announced some reforms and changes promulgated to urgent hearing of any matter in the High Court:-
First way was the satisfying the court that the matter related is urgent and need to be heard urgently, they have to satisfy the court via telephonic call between 10’o clock to 12:30 PM and make the court satisfy that the matter related in urgent.
When the court is satisfied and agrees that the matter is urgent and need to be heard the matter would be listed next day after 11:30 via video conferencing. Also all the interim order which has been passed by the High Court before the pandemic shall continue till 15th May 2020 except those orders which has been issued by the Supreme Court of India.
If any party has been aggrieve because of the extension of the interim order till May 15th than the abused party may move toward the court and record the vital application to restrict or change the activity of such interim orders. On the off chance that a party wishes to move toward the court during the time of suspension then it might do as such as per the means mentioned previously.
MEASURES TAKEN IN PATENT OFFICE
All matters related to the office of patent shall be conducted via video conferencing between the days of 23rd March till 14th April all filings, including installment of charges, recording of reports and reactions, which are expected in the period between March 25 and April 14 will stay suspended during this period. The ideal opportunity for such filings will get powerful from the date on which the Patent Office resumes activities.
In a notification distributed in March, the Patent Office encouraged candidates and gatherings to utilize the arrangements of Rule (6) of the Patents Rules 2003 to demand an expansion of time or support delay in recording reports and different reactions. Nonetheless, one must remember that the Supreme Court’s headings to broaden restriction periods for all courts, councils will be material to these procedures also.
MEASURES TAKEN IN THE COPYRIGHT OFFICE
All the material and cases related to the copyright office was first suspended from 17th March till 30th March which was further extended to 15th April 2020. All filings, for example, installment of expense, recording of reports, reactions and so forth which are expected in the period between March 25, 2020 and April 14, 2020 will stay suspended in this period. The ideal opportunity for such filings will get viable from the date on which the concerned Office resumes activities.
The Supreme Court’s bearings to expand impediment periods for all courts and councils will be pertinent to these procedures too.
HEARING RELATED TO DESIGNS
All hearings before Dr S K Barik who is the Assistant Controller of Patents & Designs, which were scheduled for March 27 have been rescheduled after April 22 and all hearings before Mr Arup Guru who is the Assistant Controller of Patents & Designs, which were scheduled between March 18 and April 3 have been rescheduled for dates between April 16th and April 28th 2020.
All filings, including installment of charges, recording of reports and reactions, which are expected in the period between March 25 and April 14 will stay suspended during this period. The ideal opportunity for such filings will get viable from the date on which the concerned Office resumes activities. The continued activity will be as per the Supreme Court request on the augmentation of the restriction time frame.
MEASURES TAKEN IN THE TRADEMARK OFFICE
All the matter related to the trademark office was suspended from 17th March 2020 to 14th April 2020 and rescheduling date of reopening was to be announced by the trademark office. After 15th April all the hearing of trademark was carried on through normal procedure and activities.
All filings, including installment of expenses, recording of reports and reactions, which are expected in the period between March 25 and April 14 will stay suspended during this period.
The ideal opportunity for such filings will get successful from the date on which the Trade Mark Office resumes activities.
In a notification distributed in March, the Trade Marks Office encouraged candidates and gatherings to know about the arrangements of Article 131 of the Trade Marks Act 1999 and Rules 109 and 110 of the Trade Marks Rules 2017 which concern applications for an expansion of time. Such applications can likewise be documented after the pandemic circumstance standardizes and they will be chosen by the Registrar as per law.
These procedures are additionally limited by the Supreme Court’s organisation on expansion of impediment period.